Other side requested extension for Witness Statement date – just before Chrimbo!

[friendlyfire]

Hi you lot. Merry Chrimbo!

Long story short – I'm taking a bank to Court. They already made an application to extend the time limit for their defence, and got it. Witness Statements are due Jan 2^nd and the hearing is in March. They emailed me asking if I agreed to an extension of the date for the Witness Statements. I ignored that email. I am working like a dog from Jan 2^nd so I can only get my Statement done now, before Christmas. They sent another email asking if I agreed to the extension, and I shot one back telling them that I was working like a dog from New Year and I would be furious if I had to prepare a Witness Statement in my week off, during Christmas and New Year. You see I have sent a very reasonable settlement offer which they have yet to respond to. I told them to settle in my email.

Now they have asked the Court for a month long extension, stating that I have been asked if I agree and I have not agreed.

I am pissed off about this mostly because how am I to know if their request to Court will be agreed before January 2^nd, or even looked at? I am left doing the Statement as ordered, and submitting it Jan 2^nd, not knowing if they will be doing likewise, and at a clear disadvantage if I do send it Jan 2^nd and then they are permitted an extension.

I don’t want their request to be accepted by the Court.

What should I do? Email the Court ASAP pointing all this out?

Thanks! And again – Merry Christmas Legal Beagles! You’re all awesome.

[friendlyfire]

Anybody?

[R0b]

Did they have a valid reason or explanation for extending the deadline for the witness statement? You are expected to assist the court so if you refused to agree an extension then you should equally have a valid reason why the extension shouldn't be granted. Most occasions there shouldn't be any reason why you should refuse and if it's a month extra then you also should get their consent to file and serve your witness statement a month later.

Unfortunately they've applied to the court and if a court agrees an extension they may seek their costs of the application for being unreasonable. You ignored it the first time and that was your choice so a court may consider you to be unreasonable in that respect.

If you want to object then write to the court and set out your objects, in a formal letter and await the outcome. Your likely reasons to object is that I assume a hearing for the trial has been pencilled in and by granting a month's extension, this is likely to prejudice that date so unless there are good reasons for wanting an extension, then you argue they shouldn't be granted one.

P.s. along with the application, they should have file a witness statement in support of granting an extension of time so you should be allowed to see that if you haven't already.

[friendlyfire]

Here are their reasons:

"We respectfully request that the time for filing and serving Witness Statements be extended to 8 February 2019.
The reason for the Defendant's application is that it requires additional time to obtain the necessary documentation
in which to put together its witness evidence.
The Defendant respectfully requests that the Court grants an extension of time, to 8 February 2019, in which to file
and serve Witness Statement.
The Defendant submits that in light of the impending Christmas period it is unable to obtain all the necessary
information / documentation it requires in order to fully draft its Witness Statement. It would therefore respectuflly
submit that the Court grants an extension of time, to 8 February 2019, to afford the Defendant time to obtain the
relevant documentation / information to finalise its Witness Statement.
It is submitted that the Defendant's request for an extension of time to 8 February 2019 (being 14 days prior to the
hearing on 22 February 2019) falls in line with standard small claims directions under CPR 27.4(i). Further, it is
submitted that neither party will be prejudiced by such an extension of time to allow the Defendant to formulate full
and proper evidence in support of its Defence.
We would respectfully request that this application is placed before a District Judge as a matter of urgency.
The Defendant has written to the Claimant requesting that he informs the Court should he consent to the Application."

Note - 1) the typo, and 2) I have NOT been asked to contact the Court should I consent to this application.